California Criminal Lawyers Blog

A city councilman in Chino had an unpleasant council meeting thanks to charges of leaving the scene of an accident. As Buena Park drunk driving criminal defense attorneys, we were interested to see a recent article on the matter from the Inland Valley Daily Bulletin. Councilman Earl Elrod pleaded guilty in June to leaving the scene of an accident in which a bicyclist hit Elrod's car. Chino police officials said the accident was the fault of the bicyclist, for running a stop sign, but California Highway Patrol officers later investigated and concluded that Elrod had been drinking earlier that evening. Elrod did not face DUI charges, but at the council meeting, he heard from a developer with a matter before the city as well as a MADD officer, who urged Elrod to publicly apologize and avoid drunk driving.

The crash happened on the evening of Valentine's Day 2010, as Elrod and his wife returned home from a restaurant. Elrod was accused of driving away from the scene without identifying himself, a vehicle code violation. CHP officers later went to Elrod's home, but nobody answered the door or the phone. As a result, officers were unable to test his blood-alcohol concentration. He was arrested for DUI, but San Bernardino County prosecutors refused to charge him, citing a lack of evidence. Nonetheless, he was charged with leaving the scene of the crash, to which he pleaded guilty. One speaker at the council meeting was Virginia Gautier, executive director of MADD in San Bernardino County, who spoke about the dangers of drunk driving. Developer Andy Sehremelis, who is fighting the city over developer fees, called on Elrod to publicly apologize and confess. The councilman had no comment after the meeting.

As Anaheim intoxicated driving criminal defense lawyers, we believe this case is a good example of why the breathalyzer or blood test is so important. California law allows prosecutors to bring two types of drunk driving case. One of them is based only on a BAC reading of 0.08 or higher, and the other is based on whether the driver was intoxicated -- inherently a subjective decision. This means prosecutors can still bring a case when they don't have a BAC reading, but that case will be harder to prove and often built on subjective observations and guesswork. This may have been the case with Elrod, whose drunk-driving arrest appears to be based on third parties who said he had been drinking and his choice to leave the scene. Leaving the scene is not a responsible choice, but it is not proof that the driver was drinking. We suspect the prosecutors in this case didn't bring charges because they didn't believe they could win.

Continue reading "Developer and Activist Publicly Scold Chino Councilmember for Leaving Accident" »

As Oceanside drug crimes criminal defense lawyers, we were interested to read a piece about a man arrested for multiple crimes related to a marijuana "grow house." Derrick Frisco, 40, was arrested at the rented home where he lives on July 22, the Orange County Register reported the next day. Sheriff's deputies discovered that the million-dollar home was filled with another $1 million worth of marijuana plants, plus a growing apparatus to support them. The deputies served a search warrant on the home after receiving an anonymous tip from a neighbor. In addition to the plants, deputies found 40 vials of steroids inside. They also discovered that Frisco has been stealing electricity from the neighborhood utility, possibly to avoid creating high energy bills from the grow lights and irrigation system, which could have tipped off authorities.

Authorities said Frisco has been renting the home for about six years, but it's unclear how long it has been the secret site of a marijuana farm. Sheriff's deputies searching the home found a large amount of mold, which they speculated could have been the result of the indoor irrigation. In fact, deputies had to delay their search of the home because of concerns about the health effects of the mold in a confined space. Another part of the growing system was an illegal modification to the home's electrical system, which bypassed the meter and allowed Frisco to steal electricity. Officials said the modification was likely an attempt to avoid drawing attention to the house with excessive electrical bills. Frisco is charged with stealing the electricity, cultivating marijuana and possession of the steroids.

Our Laguna Beach drug crimes criminal defense attorneys suspect that Frisco will face more charges before everything is said and done. The amount of marijuana at issue is substantial, which means Frisco is very likely to be charged with possession for sale, as well as with cultivation. If law enforcement officers can prove that he sold, trafficked, transported or was under the influence of the marijuana, he could face further charges for those crimes. This is in addition to any sale and possession for sale of the steroids, which were also in the home in fairly large quantities. And of course, theft from a utility in this way is also illegal -- in fact, California law makes it a "wobbler" that can be charged as either a misdemeanor or a felony at the prosecutor's discretion. That's one reason why Frisco should speak to an experienced criminal defense attorney right away -- to get the best chance of minimizing his charges.

Continue reading "Man Arrested on Drug and Theft Charges for Marijuana 'Grow House' in Lake Forest " »

Our Fountain Valley medical marijuana criminal defense attorneys believe medical marijuana users who follow the law should be free of legalized harassment by law enforcement. So we were pleased to see recent reports about protests by the medical marijuana community of DEA raids on several people in California who are not accused of breaking any state law. Americans for Safe Access issued a press release July 21 about a protest in San Diego following multiple raids on dispensaries there two weeks earlier, as well as raids on a legal grower in Mendocino County and another in Saginaw, Mich. A similar protest was organized in Michigan. The protests came in the same week that medical marijuana activists called on the Obama administration to drop the nomination of Michele Leonhart, who they believe is leading and inspiring the raids, as head of the DEA.

According to the San Diego chapter of Americans for Safe Access, the San Diego raids were "aggressive SWAT-style raids" against the Green Kross, Kush Lounge and Unified Collective dispensaries. As many as 12 people were arrested, the chapter said, and the federal government seized marijuana, money and patient paperwork, which may be confidential under federal law. The raid in Mendocino County was on the Covelo home of Joy Greenfield, 68, who had Mendocino County's first cultivation permit. The Santa Rosa Press-Democrat said the DEA took 99 plants -- with county-issued zip ties showing they were legal -- as well as a computer and paperwork. Greenfield was not home. None of the dispensaries or people were accused of violating the state laws that allow and regulate medical marijuana use, but were accused of federal drug crimes.

Medical marijuana organizations oppose Leonhart's nomination in part because they believe she supports raids like these. Leonhart is a Bush appointee who once headed the DEA's Los Angeles office, and is currently acting administrator of the DEA. She is believed to have supported or ordered the recent raids, which are in defiance of an order from Attorney General Eric Holder. That order says the DEA will not raid medical marijuana patients, growers or organizations that are in compliance with the laws of their states. However, Leonhart is believed to be an enthusiastic proponent of raiding medical marijuana organizations, and was deputy administrator during more than 200 raids in California and other medical marijuana states. She also recently refused to allow expansion of research into therapeutic use of marijuana.

As Riverside County medical marijuana criminal defense lawyers, we're disappointed at this nomination, which is likely to endanger the lives and livelihoods of people in the medical marijuana community. Collectives, cooperatives and patients who do their best to follow state law may still be raided and brutally prosecuted by the federal government -- despite an explicit assurance from the Department of Justice and the president that they should not be. If Leonhart is defying administration policy on this issue, she should not be confirmed or allowed to continue in her current position of power. Raids on dispensaries treat medical marijuana growers and patients as if they were dangerous criminals and put them in danger of spending years in prison for actions that they had every reason to believe is legal.

Continue reading "Medical Marijuana Community Protests Raids and Appointment of DEA Leader" »

As Anaheim criminal defense attorneys, we were interested to read an article about an incident that resulted in no injuries, but $1 million bail. The Orange County Register reported July 20 that two 18-year-olds were arrested Monday on suspicion of blowing up plastic bottles at the Irvine Spectrum mall. Jason Mathewes and Kyle McCann, both of Mission Viejo, were being held in Orange County Jail in lieu of the $1 million bail. It was not clear what charges they faced, but California law makes it a felony to possess an explosive device in a public place, as well as to set one off with the intent to injure, terrify, intimidate or destroy property. Those crimes carry two to seven years in prison. The young men were scheduled to be arraigned July 21.

The article said Irvine Spectrum security guards called Irvine police late on Monday, after noticing some young men setting off the explosions in water bottles. The bottles were placed in outdoor areas of the shopping center. Irvine police said the devices were made of "household chemicals" mixed in water bottles, but did not say which ones or how powerful they were. No one was hurt in the incident. However, the police called the bomb squad for the Orange County Sheriff's Department to remove the devices, just in case. The guards tried to stop the young men during the incident, but they ran, got into a car and drove away. The guards were able to take down the car's license plate number, which led them to a home in Mission Viejo. This helped the police find the two young men at their homes.

Our Seal Beach criminal defense lawyers do not believe that it's a good idea to set off explosions in a busy public place, and we are glad no one was hurt. But because no one was hurt, we are surprised and disappointed that the two teenagers are being held on such high bail. Bail of $1 million suggests that they face serious charges, and we are not sure the circumstances described in the article warrant such charges. For example, the crime of exploding a destructive device, which we noted above, requires the prosecution to show that the defendant intended to hurt someone, intimidate someone or destroy property. The limited amount of information in the article suggests that there was no such intent, especially since they were outside. In fact, the article seems to suggest that they were playing a prank or experimenting with low-powered explosions, with no intention to actually harm anyone. That isn't to say that the teens should be allowed to think their actions were safe, polite or a good idea, but felony charges seem inappropriate.

Continue reading "Teenagers Held on $1 Million Bail for Exploding Plastic Bottles at Shopping Center" »

Our Orange sex crimes defense lawyers were interested to see an article about a temporary resolution to a local controversy with national coverage. According to a July 15 article from the Orange County Register, a group rehabilitation home for sex offenders in Anaheim has been disbanded, and its six residents have moved away. The home is run by the Holy Ground Christian Fellowship of Buena Park, and the homes' administrator, Betsy Mata has said she believes the offenders are committed to changing. But neighbors protested the home and another Holy Ground home elsewhere in Anaheim, saying they were afraid for their children's safety. The organization did not respond to calls asking why the offenders moved, but one protester said she noticed some of the offenders living about 10 miles away.

The controversy started when neighbors of the two homes learned that the church was renting them to serve as group homes for sex offenders in rehabilitation. Local parents were reportedly outraged by the existence of the homes and afraid for the safety of their children. The leader of the 60-member church, pastor Jose Mata, said the offenders are screened and closely monitored. They also wear GPS ankle bracelets. Mata noted that these homes were in the few areas where sex offenders may legally live, because of state law residency restrictions. The upset neighbors canceled a protest out of fear of the church's rough-looking neighborhood, but state Sen. Lou Correa held a community meeting on the subject and the Matas, who are husband and wife, appeared on television show Dr. Phil to talk about it. Linda Liptrap-Gutierrez, a neighbor who led the protests, said she noticed a car belonging to one of the offenders in a different neighborhood recently, and after confirming that three were living there, knocked on neighbors' doors to explain the situation.

In an older article on this controversy, Liptrap-Gutierrez is quoted saying that she realizes that the offenders need help, but that they shouldn't live in her neighborhood and "put[] the burden on us." As Placentia sex crimes criminal defense lawyers, we believe this comment epitomizes the problem with protests like hers: No one wants sex offenders in their backyard, even when there's no evidence of a problem. In fact, these sex offenders are among the most heavily monitored people released from the prison system, with GPS ankle bracelets, severe restrictions on where they may live and legal requirements to register with police. The supervision of the group homes added yet another layer of security against any child molestation they were planning. Furthermore, it's worth noting that the vast majority of sex crimes against children are committed by someone the child knows, frequently a family member, which means fear of strangers is somewhat overstated. And of course, you don't have to commit a crime against a child to end up on the sex offender list.

Meanwhile, residency requirements for sex offenders are so severe that some end up homeless. Ironically, this actually makes it harder for law enforcement to track the whereabouts of sex offenders, meaning children are less safe. Trying to pile on further restrictions might be an understandable reaction from scared parents, but it is counterproductive as well as an extremely harsh restriction on the freedom of people who have already served their time.

Continue reading "Religious Sex Offender Rehabilitation House Moves After Protests and TV Publicity" »

A few months ago, our Murrieta medical marijuana criminal defense attorneys wrote about a man who is facing federal criminal charges for running a medical marijuana collective in Vista, in San Diego County. James Stacy is not accused of violating state medical marijuana laws. Rather, he is facing federal charges of conspiracy to cultivate and sell marijuana, actually growing marijuana and a firearms violation. At a hearing this week, SanDiego.com reported July 16, the judge in Stacy's case dealt a blow to the defense by ruling that Stacy can't use an argument of "entrapment by estoppel." In this case, that means he can't argue that he should have been safe because the Justice Department had already said it won't prosecute people who are in compliance with state law.

Stacy was one of two dispensary owners charged last fall after an undercover sting by the DEA. The other such person, Joseph Nunes, pleaded guilty and will serve a one-year prison sentence. Stacy was offered the same deal, the article said, but rejected it because he does not feel that he has done anything wrong under state law. In fact, the DEA agrees as far as state law goes, but medical marijuana remains prohibited under federal law, which is the law being used to try Stacy. Stacy's case will be closely watched because he is expected to use his compliance with state law as a defense to federal charges. This strategy has been rejected in previous cases, thanks to the Supreme Court's ruling in Gonzalez v. Raich, but Stacy's case may be the first to go to trial since the Justice Department's statement. This ruling weakens his chance of using that statement as a defense, but may not remove the defense entirely.

As Chino Hills medical marijuana criminal defense lawyers, we're sorry the judge ruled the way he did. As someone quote in the articled pointed out, it's perfectly possible to be heavily prosecuted by the federal government for the same actions that are fully compliant with state law. The Attorney General's memo saying medical marijuana defendants will not be prosecuted is not legally binding on the DEA or U.S. attorneys -- as this case shows -- but it's the clearest guideline currently available for how the federal government intends to handle this discrepancy. It is unfortunate, to say the least, that federal agents and prosecutors are not willing to abide by that memo, and it's even more unfortunate that the judge won't admit evidence of this at trial. Stacy may still be able to appeal the issue, and we wish him the best of luck.

Continue reading "Judge Bars Entrapment Defense From Use at San Diego County Medical Marijuana Trial" »

As Fontana sex crimes criminal defense lawyers, we were interested to see an item from the OC Weekly about implied wrongdoing. According to a July 14 post to the Navelgazing blog, Amy Frye, a secretary at Orange High School, was put on administrative leave two months ago for allegedly fraternizing with students. The information comes from a police report obtained by the Weekly, but Frye is not facing criminal charges. Rather, an Orange police spokesman said, police are "unable to prove the occurrence of any illegal activity" on her part, despite allegations that she was sleeping with an 18-year-old student. Nonetheless, students told school administrators that Frye had hosted 4-5 parties for students, at which she provided alcohol at least once and allowed it at other times.

The Weekly says a student at Orange High School told a counselor about the parties, which also included games of beer pong. When administrators interviewed more students about the parties, those students said Frye had hosted parties with alcohol four to five times between February and May, with at least six students attending. On one of those occasions, Frye provided the alcohol; at other times, a student's older brother was the source of the alcohol. After the parties, students reportedly would pass out in her living room and spend the night, so they could drive home sober the next morning. Students also told the school that there were rumors that Frye was sleeping with a student, but that student denied it. The unnamed 18-year-old said he had only been in her bedroom to use her computer. The Weekly said the police report mentioned photos of Frye at a campfire with a student over spring break, but did not elaborate.

Our Yorba Linda sex crimes criminal defense attorneys are interested in the police statement that they couldn't prove any law was broken. Providing alcohol to a minor does not carry serious penalties, but it is a crime. She could also be charged with contributing to the delinquency of a minor, a misdemeanor that could carry up to a year of actual jail time. Of course, far more important to Frye is that she is not charged with any crimes related to sex with students, which could carry serious penalties. If she had sexual contact with a minor under 18, she could be charged with "unlawful sexual intercourse," which is California's statutory rape law. This is a "wobbler" that may be charged as a felony and also carries a fine of up to $10,000, depending on the age difference. The police department's choice not to charge her suggests that they can't prove any of this, including that she provided alcohol, which makes us wonder about the credibility of the information in the article.

Continue reading "High School Administrator Disciplined But Not Prosecuted for Beer Parties With Students " »

Our Santa Ana drunk driving criminal defense attorneys and many others in Orange County have been closely following the trial of Andrew Thomas Gallo, the alleged drunk driver accused of killing an Angels pitcher. So we weren't surprised to see that the defense asked for a change of venue recently, arguing that Gallo cannot get a fair trial in Orange County because of all the publicity surrounding the deaths of Nick Adenhart, Courtney Stewart and Henry Pearson. As the Orange County Register reported July 16, a judge on that day denied the requested change of venue, saying news coverage has been balanced and jurors take their jobs seriously. However, the judge noted that he could reconsider if there are problems seating a jury.

Gallo is accused of crashing his minivan into Stewart's car in April of 2009, the night of a game 22-year-old pitcher Adehart had started for the Angels. Adenhart was riding in a car driven by Stewart, 20, with Pearson, 25 and Jonathon Wilhite, 24, as fellow passengers. Gallo allegedly had a BAC of nearly 0.24 when he ran a red light and t-boned Stewart's car, pushing it into a light pole. Wilhite was the only survivor in that car, and he suffered a serious injury known as an internal decapitation. Gallo was apparently unharmed, although his stepbrother, who was riding in the minivan, sustained injuries. Gallo left the scene, and it was later discovered that his license had been suspended for a previous DUI. He is charged with three counts of second-degree murder -- a more serious charge than DUI manslaughter -- as well as DUI with great bodily injury, leaving the scene of an accident and driving on a suspended license.

Adenhart was a young pitcher who wasn't well known at the time, but his death resulted in an outpouring of affection from teammates and Angels fans. As a result, this case has been closely watched by the media, and that's why our Riverside DUI criminal defense lawyers believe Gallo was right to ask to move the trial. A change of venue is appropriate when there's so much pre-trial publicity that the court can't be sure jurors will be unbiased. It's worth asking whether a fatal drunk driving accident, even one of this magnitude, would have gotten the same coverage if none of the victims had been a promising young pitcher for the hometown baseball team. Since the judge in this case has denied the motion, we hope he's right that jurors do their best to be fair in Orange County.

Continue reading "Judge Denies Bid to Move Trial of Alleged Nick Adenhart Killer Out of Orange County" »

Our Chino Hills sex crimes criminal defense lawyers were interested to see a recent item about a man who is accused of videotaping himself committing a rape. The Orange County Register reported July 8 that Martin Duet Archuleta, 44, has been arrested for raping an unnamed adult woman, 29. He is also accused of supplying her with drugs and threatening her with exposure if she reported the rape. Archuleta has a criminal history that includes a conviction for felony indecent exposure, which carries a lifetime obligation to register as a sex offender. He is currently being held at Orange County Jail in lieu of $10,000 on suspicion of forcible rape.

According to the article, the victim told police that she had had one consensual sexual encounter with Archuleta, about five weeks before the alleged rape. The woman told police that she visited Archuleta at home, but tried to leave when he became angry and started acting strange. He allegedly didn't let her leave, but instead held a folding knife to her face. She said he then threw her onto a bed, ripped off her clothes and raped her, over her protests. She also told police that Archuleta had recorded the entire incident, and threatened to show it to others. He allegedly left multiple voice mails threatening her and also told her husband she was "sleeping around." Her husband encouraged her to report the incident. Archuleta claimed the encounter was consensual. Court records suggest that Archuleta's criminal history includes the indecent exposure conviction as well as felony convictions for possession of a controlled substance, theft with a prior conviction and burglary.

Archuleta's record is what caught the attention of our Corona sex crimes criminal defense attorneys. His conviction for felony indecent exposure is unusual, because indecent exposure is not usually charged as a felony unless there's a prior conviction for the same offense or for lewd acts with a minor. This suggests that Archuleta's history is pretty serious. We also noted that his conviction for burglary may count as a "strike" for the purposes of California's three-strikes law, which means a conviction on the forcible rape charge would be a second strike. That would expose him to double the ordinary penalties for rape (up to eight years in prison), plus limits on sentence reductions for good behavior. If he is convicted of any felony at all in the future, it could be a third strike that puts him in prison for 25 years to life. Someone in this position should never plead guilty without speaking with an experienced defense attorney first.

Continue reading "Registered Sex Offender in Santa Ana Accused of Videotaping Rape of Family Friend" »

As Orange County drunk driving criminal defense attorneys, we were not surprised to see that multiple police agencies set up DUI checkpoints for the July 4 weekend. According to the Orange County Register, police departments in Irvine, Cypress, Buena Park and Westminster set up checkpoints at major intersections to look for drunk drivers. Most of the checkpoints operated from Saturday night until early Sunday morning, although one started on the evening of Friday, July 2. The result was at least 22 arrests of people found to be driving under the influence, the newspaper said.

According to the article, Irvine police alone stopped 331 vehicles over eight hours between Saturday and Sunday. The roadblock at Alton Parkway and Culver Drive resulted in one arrest on suspicion of driving under the influence, along with five sobriety tests, and 37 citations for violations not specified. In Cypress, two people were arrested on suspicion of DUI, three were arrested on outstanding warrants or drug charges and 17 were issued citations. Five people were arrested in Buena Park for unspecified violations, and Westminster did not make arrest information immediately available. Another 47 people were arrested in Orange County throughout the weekend by the California Highway Patrol, which did not run a reported checkpoint.

Our Anaheim DUI criminal defense lawyers pay close attention to checkpoint information because we have doubts about the efficacy of the checkpoints, as well as their fairness. One criticism of DUI roadblocks is that they cost a lot of money, but make very few arrests. If we look at the information from Irvine, the only city with complete information about how many people were arrested and stopped, we can see that of 331 people stopped, exactly one was arrested. That's a success rate of 0.3%, lower than most cash-strapped municipalities might want. Another criticism of sobriety checkpoints is that they're really intended to make money for the police agency, by finding violations for which the police can impound the vehicle and charge high impound fees. The information on the Cypress roadblock reinforces that suspicion, because it specifically says officers screened for licensing violations and arrested 11 for lacking a valid license. In addition to balancing the budget on the backs of drivers, this practice inconveniences all of the legal and sober drivers who pass through the checkpoint.

Continue reading "Sobriety Checkpoints Over Holiday Result in at Least 22 Arrests in Orange County " »

As Long Beach drunk driving criminal defense lawyers, we were interested to see a comment from the defense lawyer for Lindsay Lohan, the starlet who was recently sent to jail for violating probation on a DUI charge. Lohan, 24, was arrested in 2007 for drunk driving and cocaine possession. Like many first-time offenders, Lohan was sentenced to alcohol classes and probation, but had trouble attending the classes because of her work. She also missed a court date and triggered the automatic reporting mechanism on a court-ordered alcohol monitoring anklet. After sharp criticism from the judge in her case, Lohan was sentenced to 90 days in jail for violating probation and another 90 days in a rehabilitation clinic.

Lohan's failure to meet her legal obligations has been widely reported in the mainstream and celebrity press. According to a July 8 article from Reuters, she has missed seven alcohol education classes in the last 27 weeks. Her defense lawyer blamed work for keeping Lohan away, and said Lohan was still substantially in compliance and would have finished the classes by July 15. In addition, Lohan famously missed a court date in Los Angeles because she was attending the Cannes Film Festival; she claimed she didn't make it back because someone had stolen her passport. Last month, the SCRAM bracelet Lohan has been sentenced to wear, which monitors alcohol consumption by analyzing the wearer's sweat, reported that she had been drinking in violation of a court order. She claims she was not drinking.

Our Newport Beach DUI criminal defense attorneys have some sympathy for that last argument. SCRAM bracelets work on roughly the same principal as breathalyzer testing, and like breath tests, they have scientific flaws. One is major: A SCRAM bracelet measures any type of liquid or gaseous alcohol coming off the wearer's skin, not just alcohol excreted in sweat. That means certain bath products, like perfume or mouthwash, could cause a false positive -- as could spilled alcohol. If this happened to Lohan, the probation violation case against her would be substantially weaker. Missing classes is not good, but as Lohan's attorney pointed out, it's a common problem for DUI offenders who have to balance those classes with jobs and other obligations. And it's not hard to believe that, with the media watching, the judge in Lohan's case would have made a harsh ruling to avoid being accused of going easy on her because of her fame.

Continue reading "Attorney for Lindsay Lohan Says Jail and Rehab Sentence is 'Harsh and Unfair'" »

Our Mission Viejo medical marijuana criminal defense attorneys wrote recently about our representation of the Lake Forest Wellness Center and Collective, a medical marijuana dispensary that is fighting a shutdown order from the city of Lake Forest. We're happy to say that our partner, Damian Nassiri, has helped win an important court order that will allow our client to stay open, at least until the case can be heard. As the Orange County Register reported July 2, the Fourth District Court of Appeal in Santa Ana granted a stay to the LFWCC that day, which stopped a lower court from enforcing a contempt of court ruling against the collective. The court will later hear an appeal on the underlying case, which is a lawsuit seeking to stop Lake Forest from shutting down our client and all of the other dispensaries within city limits.

The case started in late May, when the city of Lake Forest won a court ruling ordering all of the dispensaries in the city to close, to comply with a zoning law forbidding any dispensaries within city limits. That ruling also said that despite the fact that medical marijuana is legal in California, California cities may not allow it to be dispensed legally because it is still illegal under federal law. Several dispensaries stayed open in defiance of the ruling, including the LFWCC. The city of Lake Forest then won an Orange County court ruling that those dispensaries were in contempt of court, which would allow penalties against them. We appealed that order to the Fourth District and won a stay, which means enforcement will be stopped for the moment. The appeals court will still have to decide whether the underlying ruling -- allowing Lake Forest to ban all dispensaries in defiance of California law -- is valid.

As Cypress medical marijuana criminal defense lawyers, we believe this issue was always going to be decided at the appeals court level. Multiple lawsuits in California have been filed to stop cities' bans on medical marijuana dispensaries, and the issue is unfortunately still controversial. That means that no matter who wins these cases, it's likely to go to the state Supreme Court. We believe a great deal of the opposition to medical marijuana comes from people who believe marijuana has no medicinal value -- despite reams of scientific evidence -- and have vague concerns about crime. Such people have succeeded in banning dispensaries from cities throughout California, making it much harder for patients to get medication they genuinely need.

Continue reading "Appeals Court Ruling Allows Lake Forest Medical Marijuana Dispensary to Stay Open" »